Immigration Officer needs to
justify his action in any way.
(ii) Both the Home Office and the Board of Trade
would have to be consulted if this ploy was
used to detain Chinese seamen. Both would be
likely to have strong objections.
Chinese Ships
(1) It is only likely that we would wish to detain
a Chinese ship in retaliation for a similar act
CONFIDENTIAL
/against
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运
against a British ship in China. The only
method of doing so would appear to be for the
shipping company involved to obtain a Court
Order to detain the ship until bail was given
against a possible court action (c.f. the
Torrey Canyon's sister ship in Singapore).
(ii) There are other ways in which we could harass
Chinese ships in British ports since there are
a number of agreements on safety regulations
which the Chinese Government have not signed.
By applying rigorously the letter of such
regulations we could cause considerable delay.
There are, however, few Chinese ships which
call at British ports and we could expect
opposition from the Board of Trade if we tried
this tactic.
CONFIDENTIAL
·
i. D
HIVES NOT
- 7 AUG 1967′
FC32
ONFIDENTIAL Far Eastam Dapt.
FOREIGN SECRETARY
HOME SECIŲ
Flag B
Copiad to: (a) 5.4s. //
(b) Mr. Rody (c) P.U.S..
(0) Mr. Houkr.
12
You sent me a minute on 19th July inviting me to
agree in principle to the use of my powers under the
Aliens Order to expel the staff of the New China News
Agency in London, in view of the events in China and
Hong Kong. I realise that the position in Peking has
since worsened in that Reuter's representative there is
under house arrest. This, I understand, is an act of
retaliation for a sentence of imprisonment passed in
the Hong Kong courts on a member of the New China News
Agency for offences against the peace and good government of the colony.
My officials have also
Flag C received a Foreign Office memorandum, dated 22nd July,
asking about our powers to prevent Chinese nationals
from leaving this country as a measure of retaliation
for similar steps taken in China.
1
COAMDENTIAL
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2. The possible action against Chinese in this
country, in increasing order of severity, might be
(a) refusal of extension of permission to stay;
(b) curtailment of permission to stay, with or without
notice; (c) deportation, with or without notice. If
any of these courses were adopted, deportation would be
the only effective sanction, and an alien with two
years' lawful residence here would have a right to make
representations to the Chief Metropolitan Magistrate
unless we were to be in breach of our international
obligations.
one of these is the wife of a correspondent, appear to
have less than two years' residence.
Only two N.C.N.A. representatives, and
(One is time-
expired, but has four years' residence). The right to
make representations might not be exercised, but the
need to give a proper opportunity for its exercise
means that expulsion could not be summary where the
person has two years' residence. To be effective in
closing or hampering the N.C.N.A. the expulsion of their
ลง
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correspondents would have to be accompanied by refusal
of visas for replacements and refusal of work permits,
to fill the posts, for Chinese already in the country;
and even this might not be effective in practice.
3. I have power under the Aliens Order to impose
special restrictions as to residence, reporting to the
police, occupation or employment where I consider it
necessary in the public interest. Without a fresh
Order in Council the power would not extend to travel
restrictions or to the equivalent of house arrest.
Deportation would be the only sanction for breach, and
here again there would be the right to make
representations.
4. As to stopping aliens from leaving the country,
this is a power already available to me under the
Aliens Order (although never exercised in recent times
except to prevent wards of court from leaving); but it
could not be effectively exercised in practice as there
3
CONFIDENTIAL
CON
AL
is no check on journeys within the Common Travel Area, including
Ireland, and one could not be imposed. We might make ourselves look
silly if we were to gamble on
the Chinese not knowing this.
5. The trouble is that my powers were not drawn up
If we
as instruments of foreign policy, and that they are not really apt for
this kind of situation. deport aliens for the purposes you wish to
achieve, can I maintain that I am doing so because the deportation of
the people concerned is "conducive to the public good"? Would
restrictions on residence really be
"necessary in the public interest"?
6. I see your difficulties, but at the same time I cannot see a clear
way through mine. I suggest that our officials should continue the
present intensive study of possibilities and should then submit reports
to us.
4
R
1st August, 1967
.:L
Mr. Samuel
CONFIDENTIAL
RECEIVED I ARCHIVEŚ NO 31
31 JUL 1967
FZ
A
19
Flag A
16
Action against Chinese in Britain
You may like to have an interim report of the action
we are now taking, as instructed by the Secretary of State,
to secure the Home Office's agreement to our taking powers
which will enable us to take appropriate action against
Chinese resident in this country (Mr. Maitland's minute of
21 July to Mr. Denson).
2. I attended a meeting at the Immigration Department of
the Home Office this morning to discuss this question with
Mr. Fitzgerald, the Under Secretary in charge, and other
officials. I first asked them when the Secretary of State
could expect a reply to his minute to the Home Secretary of
19 July about possible action against the N.C.N.A. in London.
They said that they were now preparing a draft which they
hoped Kr. Jenkins would be able to send across tomorrow.
They could not tell me exactly what line Mr. Jenkine would
take, but I gathered that they were probably going to recommend
that officials of the two Departments should work out the
measures required so that, if a decision were taken, we should
be able to act immediately.
3. We then discussed the possibility of operating a system
of exit visas against Chinese wishing to leave this country,
On in order that we might detain them here if we wished.
Saturday, 22 July, we had sent a memorandum on this question
/to the
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CONFIDENTIAL
- 2.
17
Flag
to the Home Office (copy attached) and I drew their attention
particularly to its last paragraph. It was clear from our
discussion that we could take action immediately against
Chinese non-diplomats under Article 1 of the Aliens Order
which empowered the Home Secretary to prevent them from
embarking. As for Chinese diplomats, a new Order in Council
would be required as they were exempt from the Aliens Order.
This would be subject to the negative procedure in the House
which means that we could apply it even when Parliament was
not sitting. They did, however, say that there would be a
major practical difficulty in enforcing a system of exit
visas, which we had never operated in this country in times
of peace, in that the Chinese would be able to get out through
the West coast ports to Ireland as we had no emigration control
at these ports. We agreed, however, that we could look into
this point.
4. I asked them whether the Home Secretary had powers to
subject Chinese residents here to house arrest. They said
that he had not, but that he could make a restriction order
restricting the movements of any specific person "as to
residence, reporting to the police, occupation or employment
as he considered necessary to the public interest". They
would, however, have to look further into this question with
their legal advisers.
5. I asked Mr. Fitzgerald to let me have a note as soon as
possible about exit visas and restriction orders as applied
/to
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- 3-
to the Chinese so that we would know what powers we had and
what new powers we would need to take if we wished to take
action against the Chinese in this country. They promised to
let me have this.
6. Apart from the N.C.N.A. official already sentenced to
two years in Hong Kong, there are two other N.C.N.A. officials under
arrest and due to be tried on 1 August. It is presumably
If so, likely that they will also be given prison sentences.
our nationals in China may be subject to further acts of
retaliation. We are now considering what these could be and
will submit on this also. They could, I imagine, include a
trumped up charge against Mr. Grey, enabling the Chinese to
sentence him to a term of imprisonment.
7. We are also considering the possibility of deporting
the three N.C.N.A. officials, when the other two have been
sentenced. It is possible, however, that the Chinese would
ither refuse to accept these officials and return them to the Colony
and, in any case, they might not consider it a sufficient quid pro quo
on our part to cause them to release
We Kr. Grey who provides them with a very useful hostage. will also
consider this point in our submission on the whole
question.
Iland.
(E. Bolland) 24 July, 1967
We should
CONFIDENTIAL
● We shred win at getting to options quite clear by Thandy of the beak.
Iit that point, a fier docarion hitzen to Contay of State and to Home
Seating Seems inexigible.
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Dr. Desha I have explaciend
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a statuet as
preposing as full That we have gleaned from Home Quie
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$ 27
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CONFIDENTIAL
+
RECEIVED IN ARCHIVES No.31
31 JUL 1967
F23/20
10
4
Exit Vigɔa for Chinese in Britain
The British Eission in Peking has recently been suffering a
great deal of harasszant from the Chinese authorities. In most
Ozcca thie harassment is of such a rature that we would not wich to
retaliate in Kird. There is, hozevor, one potential donger which ia
causing us concom and which we could offset by having the
necessary powers to take reciprocal action against the Chinese hare.
This is the case of exit vis25.
2. Since 1949 the Chánosa hayo operated a ayaton of exit vises which
applies to all foreignera in China, including diplomats. In the early
days soon after the communist takeovor thera were difficulties over
there exit visca but, in the last few years, the situation improved and
our representatives and other British nationala havo not, to our
knowledge, had any difficulties with the Chinese authorities on this
coore. Recently, however, the Chinese have shown signs of
using oxit visas to harass our Office, Exit viens for the Hewitt family
(who were severaly maltreated by the Chinose in Shanghai) vere
The Dutch suffered so delayed that they missed their plane hose, much
more seriously when their Chargé d'Affaires was refused an exit
visa and kept in Poking for several months. In the present stute of our
relations with China, and with the Chinose trying to harasa our
Vission in Peking in retaliation for events in Hong Kong, there is a
very strong possibility that we will have serious trouble over exit
vicas in the near future. It is, for example, possible that they may
/delay
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L
·
CONFIDE TIL
delay the departure of our Chargé d'Affaires who is due to leave next
Bonth.
3. At present we do not have any system of exit vises for Chinese
We fully realise in Britain, nor do we have the povers to impose one.
that the Home Office may hɛve serious objections in principle to taking
such powers in peeco-time but, in the precent exceptional circumstances,
we have a duty to protect by every means possible our Eission in Peking
and other British nationals travelling to China. In order to do this so
think that we should seek the necessary powers to require exit visad
fron all holders of Chinese Government passports wishing to leave this
country. Only a few people will be involved and they will all be
travelling with the approval of the Chinosa
Jovarasent. If wo had these powers wo very much hope that it would navar
do necessary to use then. However, we are sure that the fact that we
were known to possess the power to retaliate quickly against the Chinese
in this country would go a long way to deter the Chinese from
interfering with our own people in China,
4. Te hope the Home Office can agree that such action is necessary. If
so, we should be grateful if you could advise us on the best and noat
uzgent method of arming ourselves with the necessary powers.
+
FOREIGN QUSICE
22 July, 1967
COFFIDENTIAL
+
Mr. de la Maře
CONFIDENTIAL
FC22
RECEIVED IN
¡ARCHIVES No.51
31 JUL 1967
Exit Visas for Chinese in Britain
Problem
The Chinese have a system of exit visas for all foreigners
in China, including diplomats. Our staff in China have already
suffered some minor difficulties over the delay in granting
these exit visas and, in the present state of Sino-British
relations, it is likely that we will encounter more serious
difficulties in the future. We have no such system in this
country and it would require an Order in Council to institute
one.
Recommendation
2.
I recommend that we should urgently seek powers to impose
a aystem of exit visas for all those holding Chinese Government
passports in this country. I submit a draft letter from
Mr. Rodgers to Lord Stonham, Parliamentary Under-Secretary at
the Home Office. Our Assistant Legal Adviser concurs.
Background and Argument
3. Since 1949 the Chinese have had a regulation under which
all foreignere in China require exit visas before leaving the
country. Recently there have been one or two occasions when
the Chinese have used this system to delay the departure of
foreign diplomats (e.g. the Netherlands Chargé d'Affaires was
last year refused an exit visa and had to remain in Peking for
six months against the wishes of his Government) as well as /members
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2.
members of our own Mission. In the present state of our
relations with China there is a strong possibility that we
shall have to face more serious difficulties over exit visas
in the future. This is a problem which could affect not only
members of our Mission in Peking but also others, e.g.
businessmen or seamen visiting China and British bank officials
resident in China.
4. We have no system similar to that of the Chinese and
therefore no means of direct retaliation against them if they
caused difficulties over exit visas. Under the Aliens Order
no foreigner may leave Britain without the authority of an
emigration officer but, in practice, this power is only used
in criminal and wardship cases and diplomats are exempt from
the Order. To acquire the necessary powers to impose a system
of exit visas on the Chinese would require an Order in Council.
We know from discussions at official level that the Home Office
would strongly oppose such a move in principle on grounds of
administrative complication and because they believe that such
powers should never be used in peace time.
5. Despite the opposition we can expect from the Home Office
I think we must press strongly for the necessary powers to
take action against the Chinese. We would hope that it would
never be necessary to prevent the departure of any Chinese
from this country but the existence of such powers would help
to deter the Chinese from taking action against our Mission
or British subjects in China.
CONFIDENTIAL
/6.
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-3.
6.
There is always the risk that such a move by us would
lead to further difficulties for our Mission in China. We
could, however, make it clear that, in this case, we were
only bringing our own practice into line with that of the
Chinese. We know that the French recently instituted such
a selective system without apparently creating any reper-
cussions for their Mission in Peking.
7. I attach a draft letter to the Home Office.
Mr Rodgers.
+
блата
(E. Bolland) 21 July, 1967
д
am sure that we should have there powers, and that we shall be cuticised
if om scople are held as hestages in Chenna whill the Chrere here are
lie
free to leave the counting at will. But &
expect that we shall have a turke with the Home Office. I hand thought
of strengthening the draft, but as it is likely the only the first shot
in
of encounters
we sharked pahass peep some ammunition in reserve.
A sails
Wif. de In man
CONFIDENTIAL
2117
Mr de la Mase.
9
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not happy.
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20/67/53
RECEIVED IN
FARCHIVES No.3 i 31 JUL 1967
·
VIAL
FC 3/2004. Daphth
R TRY
Fantir
The Home Secreler Bo Bill.
27,
Ka
now refined
Now CLIMA
Z
FẸ Dept to entin
Cope's sound to: 1) the Rodger 2) Pus
3) the de la en
Le have
4) ihr. Hay dow (Personal)
21. 5) Praming statt.
kosulule Action amint the
ency in London
I h. ve Been Bill olgers' record of mis
conver. tion with you : 25 May spout possible
-
ret:llt.on : in t the 'iew Chinn Ne: agency
here for ti outr e. t..e Chinese hive committed
ainst our 13.ion in eking ami Chandai. I
underst id t. t you are reluct it to take action
in t t..e ....0.2.A.
:
abuse
The Cilnere c tinue their campel of abUBO
t up. with their inflammatory prop:... ada
e coura e viol: ce in Wong
otki. The
t.o.
incr inly firm tction the Tong Kong
Govern et re mom takin to lel with the
sit tion in the Colony coul result at any
mort in retezei abuse alm naru, aqubit of our
t fr in ekin
3.
I. t:1.
0 ww have to tko nction
11: tte Chino.e 1. c.on here.
ever, 9ûro:
i...re
..::9 y
+
e round not break
/orr
. I
*AL
PIA!
off rel tions wit.. China if this can be avoided.
Le could declare cert: in members of the Mission
here per ra nen trata, but I am advised that
if we did t.is the Jhinc:e would certainly
retaliate in like or stron er manner and, as
we are mo.. v iner le t n they are becaus
ke have foa Chine speakers to post to ́eking
while they have any ing ish speakers to send
to London, our resurces would run out long
before theirs.
4.
There is, ho over, a good case for taking
ction in. t the ,0,N.A. in London. It is
not t all a preus agency in our sense of the
-
term but the proj
Chitose Jovernment.
mi department of the
I feel sure that the
No comments yet.
Private notes are available after approval.